英文摘要 |
The obligation erga omnes is an obligatory norm of protecting the interests of the community in international law, created and developed by the International Court of Justice. In the field of marine environmental protection, there is limited judicial practice recognising marine environmental protection obligations as obligations erga omnes, which has led to a theoretical controversy as to whether marine environmental protection obligations form erga omnes obligations or alternative erga omnes obligations. There are currently standards of jus cogens in customary international law, jurisprudence in international judicial practice and doctrine of public international jurists to determine the specific content of the obligation. It is undeniable that with the further development of international judicial practice, it is possible to apply the obligation to prated the marine environment on the high seas and in the international seabed area. However, the application of obligations erga omnes to protect the marine environment still faces challenges such as the difficulty of identifying jus cogens norms, the lack of evidence of State practice and the lack of clarity as to the scope of obligations erga omnes. For the time being, the obligation to protect the marine environment remains an alternative obligation erga omnes, which needs to be reviewed in international practice. |